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A YEAR IN PERSPECTIVE
A YEAR INPERSPECTIVE: AGLASS HALF FULL
BY IRENE KHAN, SECRETARY GENERAL, AMNESTY INTERNATIONAL
Krishna Pahadi, a human rights activist in Nepal, hasbeen detained 28 times by the government. When I methim in a police detention centre in Kathmandu inFebruary 2005, shortly after he had been arrested forthe 27th time, his message was surprisingly upbeat. Themore the regime locks up peaceful protesters like him,he told me, the more it strengthens the cause of humanrights. Widespread political unrest and internationalcondemnation of the Nepalese government’s actionssupport Krishna’s views. Deprived of any readingmaterial in prison except religious books, he hadfinished reading the Bhagavad Gita and was about tobegin the Bible, to be followed by the Qur’an. He has nodoubt that his struggle and that of others like him willprevail. It is only a matter of time, he said.Krishna is not daunted. Nor am I, despite the abuseand injustice, violence and violations across the globedocumented in the
Amnesty International Report 2006
.The human rights landscape is littered with brokenpromises and failures of leadership. Governmentsprofess to champion the cause of human rights butshow repressive reflexes when it comes to their ownpolicies and performance. Grave abuses in Afghanistanand Iraq cast a shadow over much of the human rightsdebate, as torture and terror feed off each other in avicious cycle. The brutality and intensity of attacks byarmed groups in these and other countries grow, takinga heavy toll on human lives.Nevertheless, a closer look at the events of 2005gives me reason for hope. There were some clear signsthat a turning point may be in sight after five years of backlash against human rights in the name of counter-terrorism. Over the past year, some of the world’s mostpowerful governments have received anuncomfortable wake-up call about the dangers of undervaluing the human rights dimension of theiractions at home and abroad. Their doublespeak anddeception have been exposed by the media, challengedby activists and rejected by the courts.I also see other signs for optimism. The overallnumber of conflicts worldwide continues to fall, thanksto international conflict management, conflictprevention and peace-building initiatives, giving hopeto millions of people in countries like Angola, Liberiaand Sierra Leone.Institutional reform was initiated at the UnitedNations (UN) to strengthen the international humanrights machinery, despite the attempt by a number of cynical and “spoiler” governments to block progress.The call for justice for some of the worst crimes underinternational law gained greater force across the world,from Latin America to the Balkans. Although corrupt,inefficient and politically biased national judicialsystems remain a major barrier to justice, the tide isbeginning to turn against impunity in some parts of theworld. In 2005 several countries opened investigationsor conducted trials of people suspected of war crimesand crimes against humanity. Despite the opposition of the USA, support for the International Criminal Court(ICC) has grown, with Mexico becoming the 100th stateparty to ratify the Rome Statute of the ICC. The UNSecurity Council’s decision to refer the situation inDarfur to the ICC set an important precedent,demonstrating the link between security and justice.Ordinary people took to the streets to demand theirrights and to seek political change. In Bolivia, thepoorest country in South America, massive protestsby indigenous communities, peasants and miners ledto the resignation of the President and election topower of the country’s first ever indigenous Head of State. Even repressive governments found themselvescaught out by mass protest, and were forced to makesome concessions.There will be those who will challenge my sense of optimism. But I take strength from these developmentsand, most importantly, from the extraordinary displayof global activism and human solidarity across borders;
1
 Amnesty International Report 2006
Krishna Pahadi (
right 
), afounding member of the HumanRights and Peace Society andformer Chair of AI Nepal, withIrene Khan in London shortlyafter his release, 2005.
© AI
 
A YEAR IN PERSPECTIVE
from the energy and commitment of AmnestyInternational (AI) members worldwide; from the hugecrowds that turned out to “make poverty history” in thelead-up to the G8 Summit; and from the outpouring of support from ordinary people for the victims of thetsunami in Asia, Hurricane Katrina in the USA and theearthquake in Kashmir.From peasant farmers protesting against landgrabbing in China to women asserting their rights onthe 10th anniversary of the UN World Conference onWomen, the events of 2005 showed that the humanrights
idea 
 – together with the worldwide movement of people that drives it forward – is more powerful andstronger than ever.
 Torture and counter-terrorism
When suicide bombers struck at the heart of Londonin July 2005, the UK Prime Minister Tony Blair reactedby announcing plans that would drastically restricthuman rights and show the world that “the rules of thegame are changing”. Lord Steyn, a retired Law Lord of the UK judiciary, responded aptly: “The maintenanceof the rule of law is not a game. It is about access to justice, fundamental human rights and democraticvalues”.Fortunately, some of the most outrageousprovisions of the legislation proposed by the UKgovernment were thrown out by Parliament. Thegovernment was defeated twice on its counter-terrorism legislation in 2005 – the first everparliamentary defeats for Prime Minister Blair in hisnine years of office.The judiciary also took the UK government to task.The highest court in the land, the House of Lords,rejected the government’s contention that it coulduse information obtained by torture by foreigngovernments as evidence in UK courts. In anothercase, the Court of Appeal rejected the government’sclaim that UK forces in Iraq were not bound byinternational and domestic human rights law. It alsoruled that the system for investigating deaths of Iraqiprisoners at the hands of UK armed forces personnelwas seriously deficient.In the USA there was similar questioning of the BushAdministration’s claim that in its fight against terrorismit could exempt itself from the prohibition againsttorture and ill-treatment. A legislative amendmentsought to affirm the ban on torture and cruel, inhumanand degrading treatment of all prisoners by US officialsand agents, wherever they might be. Not only did thePresident threaten to veto the bill, the Vice Presidentsought to exempt the Central Intelligence Agency (CIA)from the law. The CIA itself admitted to using “water-boarding” (simulated drowning) as an interrogationtechnique, and the Attorney-General claimed that theUSA has the power to mistreat detainees abroad, solong as they are not US citizens.In the end, it was President Bush who blinked firstand was forced to withdraw his opposition to the bill.However, the bill had a serious sting in its tail, with anamendment which stripped Guantánamo detainees of the right to file habeas corpus appeals in a federal courtand barred them from seeking court review of theirtreatment or conditions of detention. Nevertheless, thePresident’s public climb-down was indicative of thepressure being put on the Administration by powerfuldivisions within the USA and increasing concern amongits allies abroad.European governments squirmed as one story afteranother revealed their role as junior partners of theUSA in its “war on terror”. There was public outcryfollowing media reports of possible collusion betweenthe US Administration and some Europeangovernments on “CIA black sites” – alleged secretdetention centres on European territory. Increasingevidence that prisoners were being illegally transferredthrough European airports to countries where therewas a risk they would be tortured (“extraordinaryrenditions”) also provoked widespread publiccondemnation.
2
 Amnesty International Report 2006
Roma in Bulgaria at ananti-discrimination rally incentral Sofia, February2005. The rally coincidedwith the start of theinternational initiative“2005-2015 Decade of Roma Inclusion” which waslaunched in eight south- eastern European states.
© EMPICS/AP
 
A YEAR IN PERSPECTIVE
The demand for the closure of the detention centre inGuantánamo Bay gained greater momentum with the UN,various European institutions, and political and opinionleaders, including prominent US figures, adding theirvoices to the growing pressure. What was once AI’s lonevoice in the wilderness has now become a crescendo of condemnation against the most blatant symbol of USabuse of power. That strengthens our own resolve tocontinue to campaign until the US Administration closesthe Guantánamo camp, discloses the truth about secretdetention centres under its control, and acknowledgesthe right of detainees to be tried in accordance withinternational law standards or be released.The shifts I have identified do not mean that supportfor restrictive measures has disappeared or that attackson human rights in the name of counter-terrorism havediminished. The USA has not categorically rejected theuse of certain forms of torture or ill-treatment. It hasfailed to institute an independent investigation into therole of senior US officials in the abuses committed inIraq’s Abu Ghraib prison and elsewhere, despitegrowing evidence of high-level involvement.When the British courts declared the detention of foreigners without charge or trial to be unlawful, the UKgovernment immediately introduced new legislation tohold people under virtual house arrest. It continues toseek “diplomatic assurances” to enable it to returnpeople to countries where they could face torture.The “export value” of the “war on terror” has notdecreased either. With the tacit or explicit approval of the USA, countries like Egypt, Jordan and Yemencontinue to detain, without charge or fair trial, peoplesuspected of involvement in terrorism.What is different about 2005 compared to past yearsis that the public mood is changing, thanks to the workof human rights advocates and others, which is puttingthe US and European governments on the defensive.People are no longer willing to buy the fallaciousargument that reducing our liberty will increase oursecurity. More and more governments are being calledto account – before legislatures, in courts and otherpublic forums. More and more there is a realization thatflouting human rights and the rule of law, far fromwinning the “war on terror”, only creates resentmentand isolates those communities targeted by thesemeasures, plays into the hands of extremists, andundermines our collective security.Lines, however fragile, are being drawn. Voices arebeing raised. This offers hope for a turning point in thedebate and a more principled approach to human rightsand security in the future.Contrary to the statement of the UK Prime Minister,the rules of the game have not changed. Neither securitynor human rights are well served by governments whoplay games with these fundamental rules.
3
 Amnesty International Report 2006
Women protest against gender discriminationin the Iraniancapital, Tehran, June 2005.
International Women’sDay, Beni, North KivuProvince, DemocraticRepublic of the Congo,March 2005. Thewomen are marchingbarefoot with their shoes on their heads inprotest at widespreadrape in the region.
© AI
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